Michigan Criminal Sexual Conduct Laws - Rape Shield Law

By
Prain Law, PLLC
|January 02, 2015

If you or someone you know is facing a
Michigan Criminal Sexual Conduct ("CSC") charge, there is something you should know. Having the right
Criminal Sexual Conduct Attorney can make all the difference in your case. We've all known men and
women in our community who have a reputation for...shall we say...gaining
a high number of sex partners in a short time.

But every so often, one of these folks becomes the accuser and leaves someone facing a
Michigan Criminal Sexual Conduct charge and looking at years in Prison. If your life is on the line,
shouldn't you have the right to let a Jury know that this person claiming
you took advantage of them is one of those people who frequently has sex
with random partners? One would think "yes," since
most people convicted of
Michigan Criminal Sexual Conduct crimes go to Prison.

"Evidence of specific instances of the victim's sexual conduct,
opinion evidence of the victim's sexual conduct, and reputation evidence
of the victim's sexual conduct shall not be admitted under sections
520b to 520g unless and only to the extent that the judge finds that the
following proposed evidence is material to a fact at issue in the case
and that its inflammatory or prejudicial nature does not outweigh its
probative value:

Evidence of the victim's past sexual conduct with the actor.

Evidence of specific instances of sexual activity showing the source or
origin of semen, pregnancy, or disease.

​​​​​​​If the defendant proposes to offer evidence described in subsection (1)(a)
or (b), the defendant within 10 days after the arraignment on the information
shall file a written motion and offer of proof. The court may order an
in camera hearing to determine whether the proposed evidence is admissible
under subsection (1). If new information is discovered during the course
of the trial that may make the evidence described in subsection (1)(a)
or (b) admissible, the judge may order an in camera hearing to determine
whether the proposed evidence is admissible under subsection (1)."

​​​​​​​This means that even if you are being accused of
Michigan Criminal Sexual Conduct by an extremely promiscuous person who sleeps around with everyone in
town, you can only offer evidence that they've had past sex with
you (not anyone else), or else to show that someone other than you was the
source of semen, pregnancy, or disease that was found in the alleged victim.
And you can only do this if the Judge decides it's important enough in your
Michigan Criminal Sexual Conduct case. Plus, the normal rule is that if a
Prosecutor wants to use
your past alleged conduct against
you, they only have to notify you slightly before Trial. But in this
Michigan Criminal Sexual Conduct scenario, you're expected to notify them well in advance. It's
just one example of how the
Michigan Criminal Sexual Conduct laws are.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.